Employers Must Display Posters about Union Rights

The rule was upheld in court, and the notice must be posted by April30, 2012. The challenge was made on the basis that the NLRB does not have the authority to mandate the posting, but the Court stated that the posting was well within the limits of the Board’s authority. However, the Court did strike down one provision of the original regulation—the portion of the mandate that made any failure to display the poster an automatic unfair labor practice. While disregarding the law can still constitute an unfair labor practice, it is subject to individual review, and is not automatically categorized as such. If at least 20 percent of an employer’s workforce is not proficient in English, the poster must also be made available in the language spoken by the group of employees in question. If there are two groups of employees who constitute at least 20 percent of the workforce who are not proficient in English and speak different languages, the employer may either post the notice in both languages, or post the notice in the language that more employees speak, as longs the employer distributes individual copies in the other language to those who speak it. The poster must be displayed where the employer posts other notices to employees, and it must be similarly prominent.

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